[HISTORY: Adopted by the Board of Supervisors of the Township of Warrington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Salaries and compensation — See Ch. 71.
[Adopted 12-19-1995 by Ord. No. 95-11 (Ch. 1, Part 9, of the 1995 Code of Ordinances)]
All applicants for commercial driver positions will be tested for cocaine, phencyclidine (PCP), marijuana, opiates (including heroin) and amphetamines (hereinafter collectively referred to as "controlled substances") and alcohol prior to commencing employment with Warrington Township. A commercial driver applicant testing positive for alcohol or drugs will not be considered for employment with Warrington Township.
Each year the consortium will use a random process to select at least 50% of its CDL drivers who will be tested for the use of controlled substances. Additionally, at least 25% of the consortium's CDL drivers will be randomly tested for alcohol use in the first year of this policy. CDL drivers selected on a random basis for testing will be required to supply a urine sample.
Testing will be required by the consortium upon reasonable cause. The conduct necessitating testing, if at all feasible, shall have been witnessed by a Supervisor or the Township Road Superintendent or his assistant, if any, or the Township Manager. Each person making a determination of reasonable cause must have received training in the detection of probable drug use by observing a person's behavior.
A. 
CDL drivers shall provide urine specimens for controlled substance testing as soon as possible after a commercial vehicle accident, but in no case later than 32 hours after the accident. CDL drivers must be tested for alcohol as soon as possible after a motor vehicle accident, but in no case later than eight hours after the accident. A CDL driver may not consume alcohol until he has been tested.
B. 
An accident is defined as involving:
(1) 
A fatality.
(2) 
Bodily injury that requires a person to be transported away from the scene for medical treatment.
(3) 
Damage to any vehicle that requires the vehicle to be towed away from the scene by a tow truck or another vehicle.
(4) 
If the CDL driver receiving a citation under state or local law for a moving violation arising from the accident.
C. 
If, as a consequence of an accident, a CDL driver is seriously injured and cannot provide a specimen at the time of the accident, he must provide the necessary authorization for obtaining hospital records and other documents that will indicate whether there were any controlled substances or alcohol in his system at the time of the accident.
If Warrington Township offers a CDL driver reemployment after the CDL driver has been referred to an alcohol and substance abuse professional and the CDL driver has undergone all recommended treatment, the CDL driver will be tested for alcohol and controlled substances prior to returning to duty. The CDL driver must test negative prior to returning to duty.
Any CDL driver who has returned to duty after a positive alcohol or controlled substance test will be subject to unannounced follow-up tests for a period of up to 60 months. There will be at least six follow-up tests given during the first 12 months.
A. 
The consortium shall establish an employee assistance program in which Warrington Township shall participate, which shall include the following:
(1) 
An educational and training component for CDL drives, addressing alcohol and controlled substances.
(2) 
An education and training component for supervisory personnel, addressing alcohol and controlled substances.
(3) 
A written statement on file and available for inspection, outlining the consortium's EAP.
B. 
The EAP training program for all CDL drivers and supervisory personnel shall be conducted by the consortium and shall consist of at least 60 minutes of training. The training program will also include the following elements:
(1) 
The effects and consequences of alcohol and/or controlled substance use on personal health, safety and the work environment.
(2) 
The manifestations and behavioral causes what may indicate alcohol and/or controlled substance use or abuse.
(3) 
Documentation of training given to CDL drivers and supervisory personnel.
The consortium shall notify Warrington Township and Warrington Township shall notify its CDL drivers and driver applicants of the results of tests conducted pursuant to the USDOT regulation. CDL drivers and driver applicants who test positive will also be advised specifically what controlled substance or the amount of alcohol that was discovered.
A. 
All of the records relating to the administration and results of the consortium's and Warrington Township's alcohol and controlled substance testing program for its CDL drivers will be maintained for a minimum period of five years, except that individual negative test results shall be maintained for a minimum of 12 months.
B. 
There shall be a medical review officer (hereinafter referred to as "MRO") who is a licensed doctor of medicine or osteopathy with knowledge of drug abuse disorders and who is employed by the consortium to conduct alcohol and controlled substance testing in accordance with the USDOT regulations. The MRO for each subsidiary and/or division shall be the sole custodian of individual test results for that division. The MRO shall retain the reports of individual test results for a minimum of five years.
C. 
The consortium and Warrington Township shall retain in the CDL driver's personnel file information indicating only the following:
(1) 
The employee submitted to a controlled substance and/or alcohol test.
(2) 
The date of such test.
(3) 
The location of such test.
(4) 
The identity of the person or entity performing the test.
(5) 
Whether the testing findings was "positive" or "subnegative."
D. 
The consortium and Warrington Township shall also maintain an annual calendar-year summary of the records related to the administration and results of the testing program for its CDL drivers and the USDOT regulations.
No program may obtain the individual test results retained by the MRO and no MRO shall release the individual test results of any employee to any person without first obtaining written authorization from the tested individual, unless otherwise requested by law.
A. 
Employees shall not use, sell, possess or receive alcohol or controlled substances, or distribute or sell prescription drugs while on duty. Violation of these rules will subject the employee to discipline up to and including termination, subject to any applicable provisions and procedures of a collective bargaining agreement. Illicit drugs include prescription drugs for which the employee has a valid prescription.
B. 
The consortium and Warrington Township reserve the right, upon reasonable suspicion, to ask for consent to search the vehicle or personal property of any employee during working hours, or while on Warrington Township property or designated workplace, or customer property. If consent is refused, the consortium and/or Warrington Township must obtain a search warrant as provided by law.
C. 
Any employee refusing to consent to or cooperate with a reasonable search or investigation will be relieved of duty and removed from Township property or the work place, resulting in appropriate disciplinary action up to and including possible termination, for insubordination.
D. 
Prescription drugs must be kept in their original container identifying the drug, dosage, date of prescription and physician. Employees are required to notify their supervisors if taking a prescription drug that could impair their working ability or alertness.
E. 
Third-party or contractor employees while on Warrington Township property will also be subjected to this policy with violations resulting in removal from the premises.
F. 
Off-duty conduct. Employees are also expected not to engage in any off-duty or off-premises controlled substance or alcohol-related conduct which may affect their work performance.
A. 
Warrington Township reserves the right to add to, change or modify this policy in its sole discretion, and to terminate any employee at any time, except as those rights are restricted by law or by an applicable collective bargaining obligation or agreement. Warrington Township accepts no liability in the event of an alleged breach of any of the policies or procedures set forth in this article.
B. 
Warrington Township encourages every employee and prospective employee voluntarily to comply with this article not only for his or her own safety, but for the safety of others. Because of its importance, Warrington Township will take all necessary steps to ensure implementation of and compliance with this article.
This article shall be limited by any applicable federal or state law or conflicting Township ordinance, and by any applicable collective bargaining agreement. Any portion of this article which directly conflicts with such a law, ordinance or agreement will not be implemented in that jurisdiction or bargaining unit, but shall be severable and shall not affect the validity and enforcement of the remainder of this article.
A. 
This article is not intended to confer any contractual or other rights or claims in favor of Warrington Township's employees.
B. 
Any failure to implement this article or any part thereof, any variation, addition or omission to the procedures set forth in this article shall not confer any contractual or other rights or claims in favor of the employee not otherwise conferred by law. Employees remain employed at will.